M21-1MR, Part III, Subpart iii, Chapter 5, Section F ...



Section F. Establishing Child Relationship

Overview

|In this Section |This section contains the following topics: |

|Topic |Topic Name |See Page |

|30 |General Requirements to Be Considered a Child |5-F-2 |

|31 |Eligibility Requirements for a Child |5-F-4 |

|32 |Establishing Date of Birth (DOB) and Relationship |5-F-6 |

|33 |Establishing a Child’s Age: Primary and Secondary Evidence |5-F-8 |

|34 |General Information on Award Adjustments for Dependents |5-F-12 |

|35 |Additional Compensation for Dependents |5-F-14 |

|36 |Adjustments Due to Loss of a Dependent |5-F-16 |

30. General Requirements to Be Considered a Child

|Introduction |This topic contains information on the general requirements that must be met in order for a person to be |

| |considered a child. It includes the |

| | |

| |definition of child |

| |age requirements for a child, and |

| |marital status requirement for a child. |

|Change Date |August 14, 2006 |

|a. Definition: Child |The term child is defined in 38 CFR 3.57. It includes the following: |

| | |

| |biological child of a veteran |

| |child legally adopted by the veteran before the child’s 18th birthday, or |

| |stepchild who |

| |is a member of the veteran’s household and acquired the status of stepchild before age 18, or |

| |became a stepchild of the veteran between the ages of 18 and 23, is attending school, and is a member of the |

| |veteran’s household or was a member at the time of the veteran’s death. |

|b. Age Requirement for a|In order to be considered a child for Department of Veterans Affairs (VA) purposes the individual must |

|Child | |

| |be under age 18 |

| |have become permanently incapable of self-support before attaining age 18, or |

| |be between the ages of 18 and 23, pursuing a course of instruction at an approved educational institution, and |

| |a legitimate child |

| |a legally adopted child, or |

| |a stepchild who is a member of the veteran’s household or was a member at the time of the veteran’s death. |

| | |

| |Reference: For more information on a child who is permanently incapable of self-support, see M21-1MR, Part III, |

| |Subpart iii, 7 (TBD) or M21-1, Part IV, Chapter 15. |

Continued on next page

30. General Requirements to Be Considered a Child, Continued

|c. Marital Status |For compensation and pension purposes, an individual must be unmarried in order to be considered child. |

|Requirement for a Child | |

| |Example: If the veteran’s 16-year-old child is married, the veteran cannot receive additional benefits for the |

| |child. |

| | |

| |Reference: For more information on the marital status requirement for a child, see 38 CFR 3.57(a)(1). |

31. Eligibility Requirements for a Child

|Introduction |This topic contains information on eligibility requirements for a child. It includes information on the |

| | |

| |circumstances under which VA may pay additional benefits for a child |

| |requirements when the child is not living with the claimant, and |

| |effect of the child’s entry into active duty. |

|Change Date |August 14, 2006 |

|a. When VA May Pay |VA may pay additional benefits for a child if the |

|Additional Benefits for a| |

|Child |veteran receives disability pension |

| |veteran receives compensation for a service-connected disability(ies) that is rated at least 30 percent disabling,|

| |or |

| |child is in the custody of the surviving spouse of a deceased veteran. |

| | |

| |Note: In some instances, VA pays death benefits directly to the child of a deceased veteran. |

|b. Child Not Living With|The table below describes requirements for cases in which a claimant claims additional benefits for a child not |

|Claimant |living with the claimant. |

| | |

| |Notes: |

| |Use the CUSTODY field on the Benefits Delivery Network (BDN) 204 screen or a locally-generated letter to request |

| |the name and address of the person with whom the child lives. |

| |A child who is not in the custody of the surviving spouse may not be considered the surviving spouse’s dependent, |

| |even if the surviving spouse is providing financial support. |

|When the child’s address is … |Then the name and address of the person with whom the child lives … |

|known |must be of record. |

|unknown |does not have to be furnished if the claimant |

| | |

| |certifies that the child’s whereabouts are unknown, and |

| |furnishes current evidence that child support payments are being made through a |

| |court, or state agency. |

Continued on next page

31. Eligibility Requirements for a Child, Continued

|c. Effect of Child’s |An individual’s entry into active duty in the armed forces has no effect on the individual’s status as a child for|

|Entry Into Active Duty |VA purposes if all other requirements are met. |

32. Establishing Date of Birth (DOB) and Relationship

|Introduction |This topic contains information on establishing the child’s date of birth (DOB) and his/her relationship to the |

| |veteran. It includes information on |

| | |

| |the development of a claim for child benefits |

| |evidence establishing age but not relationship |

| |references for evidence requirements, and |

| |administrative determinations made by other agencies. |

|Change Date |August 14, 2006 |

|a. Development of a |When processing a claim for benefits payable to or for a child, undertake development to determine the following: |

|Claim for Benefits | |

|Payable to or for a Child|the date of birth (DOB) of the child, and |

| |the child’s relationship to the veteran. |

| | |

| |In most instances, a statement from the claimant is sufficient. If necessary, a birth certificate may be used to |

| |resolve both the issues. |

| | |

| |Reference: For more information on evidence to establish the DOB of the child and the child’s relationship to the|

| |veteran, see M21-1MR, Part III, Subpart iii, 5.F.32.c. |

|b. Evidence Establishing|In some cases, evidence that is adequate to establish a person’s age will not serve to establish that the person |

|Age but Not Relationship |is the child of the veteran (relationship). |

| | |

| |Examples: |

| |A birth certificate establishes a person’s age, but does not establish that a person is the veteran’s child if the|

| |person’s mother was not married to the veteran and the veteran is not the informant on the birth certificate. |

| |In adoption cases, a birth certificate is required to establish the person’s age, and a copy of the adoption |

| |decree or adoptive placement agreement is needed to establish that the person is the child of the veteran |

| |(relationship). |

Continued on next page

32. Establishing Date of Birth (DOB) and Relationship, Continued

|c. References for |The table below lists the references that provide evidence requirements for establishing a child’s age and |

|Evidence Requirements |relationship to the veteran. |

|For more information on evidence to establish … |See … |

|the age of a child |M21-1MR, Part III, Subpart iii, 5.F.33. |

|a child’s relationship to a female veteran |M21-1MR, Part III, Subpart iii, 5.G.37.a. |

|a child’s relationship to a male veteran |M21-1MR, Part III, Subpart iii, 5.G.37.b, and |

| |M21-1MR, Part III, Subpart iii, 5.G.47.c . |

|an adopted child’s relationship to a veteran |M21-1MR, Part III, Subpart iii, 5.G.38 through 41. |

|a stepchild’s relationship to a veteran |M21-1MR, Part III, Subpart iii, 5.G.42. |

|d. Administrative |Administrative determinations concerning a child’s age or relationship made by other Government agencies such as |

|Determinations by Other |Social Security Administration (SSA) will be considered but are not binding on VA when determining entitlement to |

|Agencies |VA benefits. |

33. Establishing a Child’s Age: Primary and Secondary Evidence

|Introduction |This topic contains information on primary and secondary evidence for establishing the age of a child, including |

| | |

| |the requirement(s) for |

| |documentary evidence of birth |

| |primary documentary evidence of birth, and |

| |secondary documentary evidence of birth |

| |examples of acceptable secondary evidence, and |

| |affidavit requirements for secondary evidence. |

|Change Date |August 14, 2006 |

|a. Requirements for |VA will accept the oral or written statement of a claimant as proof of the birth of a child provided the statement|

|Documentary Evidence of |contains the date and place of birth, including the city and state. |

|Birth | |

| |However, documentary evidence of birth is required if |

| | |

| |the claimant does not reside within a state |

| |the claimant’s statement on its face raises a question of its validity |

| |the claimant’s statement conflicts with other evidence of record, or |

| |there is a reasonable indication of fraud or misrepresentation. |

| | |

| |Note: For purposes of 38 CFR 3.204, the term state includes the District of Columbia, Puerto Rico, and U.S. |

| |territories and possessions as well as the fifty states. |

| | |

| |Reference: For more information on requirements for documentary evidence of birth, see 38 CFR 3.204. |

Continued on next page

33. Establishing a Child’s Age: Primary and Secondary Evidence, Continued

|b. Primary Documentary |Listed below is VA’s policy regarding primary evidence for cases in which documentary evidence of birth is |

|Evidence of Birth |required. |

| | |

| |A copy or abstract of the public record of birth is considered primary evidence of a person’s age. |

| |A birth certificate that was created more than four years after the DOB is acceptable as primary evidence only if |

| |it is consistent with evidence of record in the claims file. |

| |A birth certificate issued by a hospital is |

| |not acceptable as primary evidence, and |

| |acceptable only as secondary evidence under M21-1MR, Part III, Subpart iii, 5.F.33.d. |

| | |

| |Note: Use the BIRTH RECORD field on the BDN 204 screen or send a locally-generated letter to request a copy of |

| |the public record of birth. |

|c. Secondary Evidence |If a copy of the birth certificate is not available, age may be established by submission of secondary evidence. |

|Requirements | |

| |Secondary evidence must show, at a minimum, the child’s |

| | |

| |name |

| |DOB |

| |place of birth, and |

| |mother’s name. |

Continued on next page

33. Establishing a Child’s Age: Primary and Secondary Evidence, Continued

|d. Examples of Secondary|The table below shows examples of acceptable secondary evidence, listed in order of preference, and the conditions|

|Evidence |that must exist in order for the evidence to be deemed acceptable. |

| | |

| |Note: The examples are listed in order of preference. |

|Type of Secondary Evidence |Conditions for Acceptance |

|A copy of church record of baptism. |If the baptism was performed more than four years after|

| |the birth, the baptismal certificate is acceptable only|

| |if |

| | |

| |it is consistent with evidence in the claims folder, |

| |and |

| |is corroborated by at least one reference to age or |

| |relationship made at a time when such reference was not|

| |essential to establishing entitlement to the benefit |

| |claimed. |

|An official report from the service department |Accepted as valid. |

|regarding a birth that occurred while the veteran was | |

|in service. | |

|An affidavit or certified statement of the physician or|Accepted as valid. |

|midwife in attendance at the birth. | |

|A copy of the family Bible or other family record |The notary or other officer must state |

|certified by a notary public or other officer with | |

|authority to administer oaths. |the year in which the Bible or other record was |

| |printed, |

| |whether or not the record bears any erasures or other |

| |marks of alteration, and |

| |if, from the appearance of the writing, he/she believes|

| |the entries to be authentic. |

Continued on next page

33. Establishing a Child’s Age: Primary and Secondary Evidence, Continued

|d. Examples of Secondary Evidence (continued) |

|Type of Secondary Evidence |Conditions for Acceptance |

|Affidavits or certified statements of two or more |For more information on what these affidavits must |

|disinterested persons. |show, see M21-1MR, Part III, Subpart iii, 5.F.33.e. |

|Other evidence that is adequate to establish the facts |The authorization activity determines if the evidence |

|at issue, such as |is adequate to establish the facts at issue. |

| | |

|census records | |

|original baptismal records | |

|hospital records | |

|insurance policies | |

|school records | |

|employment records, or | |

|immigration/naturalization records. | |

|e. Affidavit |The affidavits of two or more disinterested persons must show the following: |

|Requirements for | |

|Secondary Evidence |name and address of the affiant |

| |affiant’s DOB |

| |relationship, if any, of the affiant to the person whose birth is to be established |

| |name of the person whose date of birth is at issue |

| |date and place of birth |

| |names of both parents, and |

| |source of the affiant’s knowledge. |

34. General Information on Award Adjustments for Dependents

|Introduction |This topic contains general information on compensation award adjustments for dependents. It includes information|

| |on |

| | |

| |notifying the veteran of award adjustments |

| |the effect of separation or estrangement |

| |the time limits for receipt of substantiating evidence |

| |the payment of compensation while a reduction is under consideration, and |

| |handling a change in dependency status. |

|Change Date |August 14, 2006 |

|a. Notifying the Veteran|Notify the veteran of any adjustment to his/her disability compensation award because of dependency changes. The |

|of Award Adjustments |Veterans Service Representative (VSR) preparing the award annotates the award print to explain the authorizing or |

| |discontinuing of the additional compensation paid for dependents under 38 CFR 3.4(b)(2). |

| | |

| |When reducing a veteran’s award because of a loss of a dependent, be sure to provide |

| | |

| |notice of the proposed reduction in benefits, if a third party was the source of the information, or |

| |contemporaneous notice of the reduced benefits, if the veteran was the source of the information. |

| | |

| |Note: Notify the Vocational Rehabilitation & Counseling (VR&E) Division of the change if the veteran is receiving|

| |training under 38 U.S.C. Chapter 31. |

| | |

| |References: For |

| |more information on due process notification requirements, see M21-1MR, Part I, 2.A, and |

| |dependency code entry requirements, see M21-1, Part V, 6.06. |

Continued on next page

34. General Information on Award Adjustments for Dependents, Continued

|b. Effect of Separation |Separation or estrangement does not affect disability compensation awards unless the spouse files a claim for an |

|or Estrangement |apportionment. (However, separation and estrangement are both factors in determining entitlement to VA pension.) |

|c. Time Limits for |The provisions of 38 CFR 3.109 govern the time limits for receipt of any substantiating evidence requested in |

|Receipt of Substantiating|dependency claims. |

|Evidence | |

|d. Payment of |If the following actions are pending when a claim for additional compensation for dependents is pending or |

|Compensation While a |received, continue to adjudicate the dependency claim: |

|Reduction Is Under | |

|Consideration |severance under 38 CFR 3.105(a), or |

| |a proposed reduction under 38 CFR 3.105(e). |

| | |

| |Important: The provisions of 38 CFR 3.501(g)(2) allow for payment of the additional compensation until the actual|

| |reduction occurs. |

|e. Handling a Change in |Use the table below to locate information on how to handle different occurrences that change dependency status. |

|Dependency Status | |

|If the change in dependency status is due to the … |Then look for more information in … |

|fact that a parent is no longer dependent |M21-1MR, Part III, Subpart iii, 5.J.59. |

|unscheduled discontinuance of school attendance of |M21-1MR, Part III, Subpart iii, 7 (TBD) or M21-1, Part IV, |

|child over age 18 |Chapter 14. |

35. Additional Compensation for Dependents

|Introduction |This topic contains information on additional compensation for dependents. It includes information on |

| | |

| |effective dates |

| |original claims showing the existence of a dependent |

| |veterans initially rated 30 percent or more disabled, and |

| |veterans whose dependency situation arises after the effective date of the qualifying evaluation, and |

| |appropriate reason codes. |

|Change Date |August 14, 2006 |

|a. Effective Dates |The provisions of 38 CFR 3.401(b) govern the effective dates for additional compensation for dependents. |

|b. Original Claim |If an original claim shows the existence of a dependent and proof is received within the time limits under 38 CFR |

|Showing the Existence of |3.109, pay the additional compensation from the commencing date of the veteran’s award, subject to the provisions |

|a Dependent |listed in M21-1MR, Part III, Subpart iii, 5.F.35.d. |

|c. Veteran Initially |Situation: A veteran is initially rated 30 percent or more disabled. |

|Rated 30 Percent or More | |

|Disabled |Action: Notify the veteran about |

| |additional benefits payable for dependents, and |

| |the evidence needed to establish |

| |relationship, or |

| |dependency, as in the case of a parent. |

| | |

| |Result: If the veteran submits the necessary evidence within one year of the date of the rating decision |

| |notification, pay the additional compensation from the effective date of the qualifying evaluation or the date |

| |dependency arose, whichever is later, under 38 CFR 3.401(b)(3). |

Continued on next page

35. Additional Compensation for Dependents, Continued

|d. Veteran Whose |Situation: A veteran marries, has or adopts a child, or his/her parents become dependent on him/her after the |

|Dependency Situation |effective date of the qualifying evaluation. |

|Arises After the | |

|Effective Date of the |Action: |

|Qualifying Evaluation |Pay the additional compensation from the date of the event, if evidence is received within one year of it. |

| |(However, 38 CFR 3.31 also applies.) |

| |Do not pay additional compensation for any period prior to the date of receipt of the claim if the evidence is |

| |received more than one year after the event, per 38 CFR 3.401(b). |

| | |

| |Note: For a dependent parent, the “date of the event” is the date dependency arose. |

|e. Appropriate Reason |The award line that reflects addition of a dependent should contain |

|Codes | |

| |26, or |

| |27, if simultaneously authorizing an apportionment. |

36. Adjustments Due to Loss of a Dependent

|Introduction |This topic contains general information on adjustments due to loss of a dependent. It includes information on |

| | |

| |the definition of primary award |

| |when a notice of proposed adverse action is not required |

| |when the end-of-month rule |

| |applies, and |

| |does not apply |

| |award adjustments under the end-of-month rule |

| |considering the death or marriage of a child, and |

| |the application of 38 CFR 3.551. |

|Change Date |August 14, 2006 |

|a. Definition: Primary |A primary award is an award to either the veteran or surviving spouse. |

|Award | |

|b. When a Notice of |Award adjustments do not require a notice of proposed adverse action if the evidence or information is provided by|

|Proposed Adverse Action |the beneficiary or his/her custodian. |

|Is Not Required | |

Continued on next page

36. Adjustments Due to Loss of a Dependent, Continued

|c. When the End-of-Month|The end-of-month rule applies to the total award amount paid to both the veteran or surviving spouse as the |

|Rule Applies |primary beneficiary. |

| | |

| |Under the provisions of 38 U.S.C. 5112(b)(2) and 38 CFR 3.660(a)(2), the effective date of reduction or |

| |termination of a running award of compensation, Dependency and Indemnity Compensation (DIC), and Improved Pension |

| |is the last day of the month in which the event occurs if the reduction or termination is due to the loss of a |

| |dependent by reason of |

| | |

| |marriage |

| |annulment |

| |divorce, or |

| |death. |

| | |

| |Important: Termination of the additional separate award to a child attending school or a helpless child over age |

| |18 because of marriage or death does not affect the surviving spouse’s primary award in DIC cases. |

| | |

| |Exception: The end-of-year rule applies in cases involving Section 306 pension and Old Law Pension cases, as well|

| |as other benefit programs in which the dependency loss occurred before October 1, 1982. |

|d. When the End-of-Month|The end-of-month rule does not apply if the |

|Rule Does Not Apply | |

| |loss of a dependent occurs before additional benefits are paid for the dependent, or |

| |loss of a dependent not in the claimant’s custody increases entitlement. |

Continued on next page

36. Adjustments Due to Loss of a Dependent, Continued

|e. Award Adjustment |When applying the end-of-month rule, enter the following on the 304 screen: |

|Under the End-of-Month | |

|Rule |reduced rate or “None,” effective the first of the following month, and |

| |effective date and reason code. |

| | |

| |The system automatically generates the new rate. |

| | |

| |Use the information below to ensure proper automatic adjustment of school/helpless child counters during routine |

| |master record audit processing. |

|If the loss is a … |Then use reason code … |

|spouse or dependent parent |56. |

|child under age 18 |24. |

|schoolchild |25. |

|helpless child |54. |

|f. Award Adjustment Upon|If a child, included as a dependent on the primary award, dies or marries, reduce or terminate benefits effective |

|the Death or Marriage of |the earlier of the following: |

|a Child | |

| |first day of the following month, or |

| |date of a previously scheduled reduction based on the |

| |child’s 18th birthday |

| |schoolchild’s 23rd birthday, or |

| |scheduled termination of school attendance. |

| | |

| |Note: If entitlement is based on school attendance, and the child stops attending school before marrying, reduce |

| |or terminate the first day of the month following the month during which the child last attended school, per 38 |

| |CFR 3.667(c). |

Continued on next page

36. Adjustments Due to Loss of a Dependent, Continued

|g. Application of 38 |The provisions of M21-1MR, Part III, Subpart v, 6.B.10 (TBD) or M21-1, Part IV, 18.19c under 38 CFR 3.551(b) and |

|CFR 3.551 |38 CFR 3.551(c) must be considered when a recipient of Section 306 pension and Old Law Pension loses a dependent. |

| | |

| | |

| |For a veteran without dependents in receipt of Improved Pension |

| | |

| |benefits |

| |are not reduced because of hospitalization provided at government expense, but |

| |are reduced because of domiciliary and nursing home care provided at government expense, per 38 CFR 3.551(e). |

| | |

| |Example: If a veteran in receipt of Improved Pension who is receiving VA-furnished domiciliary or nursing home |

| |care loses an only dependent |

| |notify the veteran of the proposed reduction in benefits |

| |control for expiration of the due process period, and |

| |reduce the veteran’s pension to $90 the first day of the fourth month following the month of the unscheduled loss.|

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